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HomeMy Public PortalAbout2005-19 Mutual Aid Agreement; City of Miami BeachRESOLUTION NO. 2005-19 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE POLICE DEPARTMENT TO ENTER INTO MUTUAL AID AGREEMENT WITH THE CITY OF MIAMI BEACH, MIAMI-DADE COUNTY, FLORIDA. WHEREAS, the Police Department currently has mutual aid agreements with the Miami - Dade Police Department and the Miami Police Department; and WHEREAS, this agreement exists in the interest of public safety of the Village residents by providing adequate levels of police services to address any foreseeable routine or emergency situation; and WHEREAS, this agreement allows our officers and those of the other agency to work together under certain conditions; and WHEREAS, the Police Department has detached an officer to inter -agency task forces in an effort to combat the sale of narcotics and the laundering of illicit funds; and WHEREAS, the City of Miami Beach Police Department has currently created such a task force and is requesting assistance from our Police Department; and WHEREAS, any proceeds generated through the confiscation of properties and illicit monies will be disbursed to each Police Department that participates; and WHEREAS, these funds are placed into the Police Department's Law Enforcement Trust Fund Account; and WHEREAS, these funds may be used for non -budgeted programs that are supportive of and consistent with a law enforcement effort, policy or initiative; and WHEREAS, the Chief of Police has recommended adoption of this Resolution authorizing the Police Department to enter into a Mutual Aid Agreement with the City of Miami Beach Police Department. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. That the recitals stated above are hereby adopted and confirmed. Section 2, That the Chief of Police is hereby authorized to enter into a Mutual Aid Agreement with the Miami Beach Police Department. Section 3. That this resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 12th day of April, 2005. /1-t- ( t;Lu It t___: MAYOR ROBERT OLDAKOWSKI ITA H. ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIEN a I f., VILLAGE A'TORI IEV MUTUAL AID AGREEMENT Between the Miami Beach Police Department and the Village of Key Biscayne Police Department WHEREAS, it is the responsibility of the governments of the City of Miami Beach, Florida, and the Village of Key Biscayne, Florida, to ensure the public safety of their citizens by providing adequate levels of police services to address any foreseeable routine or emergency situation; and WHEREAS, because of the existing and continuing possibility of the occurrence of law enforcement problems and other natural and manmade conditions which are, or are likely to be, beyond the control of the services, personnel, equipment or facilities of the participating municipal police departments; and WHEREAS, in order to ensure the preparation of these law enforcement agencies will be adequate to address any and all of these conditions, to protect the public peace and safety, and to preserve the lives and property of the people of the participating Dade County municipalities; and WHEREAS, the participating Dade County municipalities have the authority under Chapter 23, Florida Statutes, Florida Mutual Aid Act, to enter into a Mutual Aid Agreement. NOW, THEREFORE, BE IT KNOWN, that the City of Miami Beach and the Village of Key Biscayne, subdivisions of the State of Florida, in consideration of mutual promises to render valuable aid in times of necessity, do hereby agree to fully and faithfully abide by and be bound by the following terms and conditions: 1. Short title: Mutual Aid Agreement 2. Description: Since the Mutual Aid Agreement provides for the requesting and rendering of assistance for both routine and intensive law enforcement situations, this Mutual Aid Agreement combines the elements of both a voluntary cooperation agreement and a requested operational assistance agreement as described in Chapter 23 Florida Statutes. 3. Definitions: A. Joint declaration: A document which enumerates the various conditions or situations where aid may be requested or rendered pursuant to this Agreement, as determined by concerned agency heads. Subsequent to execution by the concerned agency heads, the Joint Declaration shall be filed with the clerks of the respective 1 political subdivisions and shall thereafter become part of this Agreement. Said declaration may be amended or supplemented at any time by the agency heads by filing subsequent declarations with the clerks of the respective political subdivisions. B. Agency or participating law enforcement agency: Either the City of Miami Beach Police Department or the Village of Key Biscayne Police Department. C. Agency Head: Either the Chief of the City of Miami Beach Police Department, or the Chief's designees, and the Chief of Police of the Village of Key Biscayne Police Department, or the Chief's designees. D Participating municipal police department: The police department of any municipality in Dade County, Florida, that has approved and executed this Agreement upon the approval of the governing body of the municipality. E. Certified law enforcement employees: Any law enforcement employee certified as provided in Chapter 943, Florida Statutes. 4. Operations: A. In the event that a party to this Agreement is in need of assistance, as specified in the applicable Joint Declaration, an authorized representative of the police department requiring assistance shall notify the agency from which such assistance is requested. The authorized agency representative whose assistance is sought shall evaluate the situation and his available resources, and will respond in a manner deemed appropriate. B. Each party to this Agreement agrees to furnish necessary man power, equipment, facilities, and other resources and to render services to the other party as required to assist the requesting party in addressing the situation which caused the request; provided, however, that no party shall be required to deplete, unreasonably, its own manpower, equipment, facilities, and other resources and services in rendering such assistance. C. The agency heads of the participating law enforcement agencies, or their designees, shall establish procedures for giving control of the mission definition to the requesting agency, and for giving tactical control over accomplishing any such assigned mission and supervisory control over all personnel or equipment provided pursuant to this Agreement to the providing agency. 2 5. Powers, Privileges, Immunities, and Costs: A. All employees of the participating municipal police department, certified law enforcement employees as defined in Chapter 943, Florida Statutes, during such time that said employees are actually providing aid outside of the jurisdictional limits of the employing municipality pursuant to a request for aid made in accordance with this Agreement, shall pursuant to the provisions of Chapter 23, Florida Statutes, have the same powers, duties, rights, privileges, and immunities as if they were performing their duties in the political subdivision in which they are regularly employed. B. The political subdivision having financial responsibility for the law enforcement agency providing the services, personnel, equipment, or facilities pursuant to the provisions of this Agreement shall bear any loss or damage to same and shall pay any and all expenses incurred in the maintenance and operation of same. C. The political subdivision having financial responsibility for the law enforcement agency providing aid pursuant to this Agreement shall compensate all of its employees rendering aid pursuant to this Agreement, during the time of rendering of such aid, and shall defray the actual travel and maintenance expenses of such employees while they are rendering such aid. Such compensation shall include any amounts paid or due for compensation due to personal injury or death while such employees are engaged in rendering such aid. Such compensation shall also include all benefits normally due such employees. D. All exemptions from ordinances and rules, and all pension, insurance, relief, disability, workers compensation, salary, death, and other benefits which apply to the activity of such officers, agents, or employees of any such agency, when performing their respective functions within the territorial limits of their respective agencies, shall apply to them to the same degree, manner, and extent while engaged in the performance of their functions and duties extraterritorial under the provisions of this Mutual Aid Agreement. The provision of this Agreement shall apply with equal effect to paid and auxiliary employees. 6. Indemnification: The political subdivision having financial responsibility for the law enforcement agency providing aid pursuant to this Agreement agrees to hold harmless, defend, and indemnify the requesting law enforcement agency and its political subdivision in any suit, action or claim for damages resulting from any and all acts or conduct of employees of 3 said providing agency while providing aid pursuant to this Agreement, subject to Chapter 768, Florida Statutes, where applicable. 7. Forfeitures: It is recognized that during the course of the operation of the Agreement, property subject to forfeiture under the Florida Contraband Forfeiture Act, Florida Statutes, may be seized. The property shall be seized, forfeited, and equitably distributed among the participating agencies in proportion to the amount of investigation and participation performed by each agency. This shall occur pursuant to the provisions of the Florida Contraband Forfeiture Act. 8. Conflicts: Any conflict between this Agreement and the Florida Mutual Aid Act will be controlled by the provisions of the latter, whenever conditions exist that are within the definitions stated in Chapter 23, Florida Statutes. 9. Effective Date and Duration: This Agreement shall be in effect from date of signing, through and including January 1, 2010, and under no circumstances may this Agreement be renewed, amended or extended except in writing. 10. Cancellation: This Agreement may be canceled by either party upon sixty (60) days written notice to the other party. Cancellation will be at the discretion of the chief executive officers of the parties hereto. AGREED AND ACKNOWLEDGED this 2005. GONZALEZ City Manager City of Miami Beach, FL Robert Parcher CITY CLERK City of Miami Beach, FL APPROVED AS TO FORM AND LANGUAGE AND FOR EXECUTION: City Attorney City of Miami Beach, FL J-CQl3 INE MENEN Villag - anager Village of Key Biscayne, FL H. Alvarez ERK of Key Biscayne, FL Village Attorney Village of Key Biscayne, FL 4 JOINT DECLARATION OF THE CHIEF OF THE VILLAGE OF KEY BISCAYNE POLICE DEPARTMENT AND THE CHIEF OF THE CITY OF MIAMI BEACH POLICE DEPARTMENT PURSUANT TO MUTUAL AID AGREEMENT A police officer of either of the participating law enforcement agencies shall be considered to be operating under the provisions of the Mutual Aid Agreement when: • participating in law enforcement activities that are preplanned and approved by each respective agency head, or • appropriately dispatched in response to a request for assistance from the other law enforcement agency. In compliance with, and under the authority of, the Mutual Aid Agreement, hereto entered into by the Village of Key Biscayne, Florida, and the City of Miami Beach, Florida, it is hereby declared that the following list comprises the circumstances and conditions under which mutual aid may be requested and rendered regarding police operations pursuant to the Agreement. Said list may be amended or supplemented from time to time, as needs dictate by subsequent declarations. 1. Joint multi jurisdictional criminal investigations. 2. Civil affray or disobedience, disturbances, riots, large protest demonstrations, controversial trials, political conventions, labor disputes, and strikes. 3. Any natural disaster. 4. Incidents which require rescue operations and crowd and traffic control measures, including, but not limited to, large-scale evacuations, aircraft and shipping disasters, fires, explosions, gas line leaks, radiological incidents, train wrecks and derailments, chemical or hazardous waste spills, and electrical power failures. 5 Terrorist activities including, but not limited to, acts of sabotage. 6 Escapes from or disturbances within detention facilities. 7 Hostage and barricaded subject situations, and aircraft piracy. 8. Control of major crime scenes, area searches, perimeter control, backups to emergency and in -progress calls, pursuits, and missing persons calls. 5 9. Enemy attack. 10. Transportation of evidence requiring security. 11. Major events; e.g., sporting events, concerts, parades, fairs, festivals, and conventions. 12. Security and escort duties for dignitaries. 13. Emergency situations in which one agency cannot perform its functional objective. 14. Incidents requiring utilization of specialized units; e.g., underwater recovery, canine, motorcycle, crime scene, marine patrol enforcement or investigation, and police information. 15. Joint training in areas of mutual need to include, but not limited to, firearms training and qualification; field force; SWAT; ATV; motorcycles; and marine patrol. 16. Participating in exigent situations without a formal request which are spontaneous occurrences such as area searches for wanted subjects, perimeters, crimes in progress, escaped prisoners; traffic stops near municipal boundaries, request for assistance and no local unit is available or nearby, calls or transmissions indicating an officer is injured, calls indicating a crime of incident has occurred in which a citizen may likely be injured and the assisting municipality is closer to the area than the officer receiving the call. 17. Mutual enforcement of all existing applicable laws and ordinances and exercise of arrest powers within the area comprising the jurisdictional waters within respective municipal boundaries. DATE: ° 131(0 DO►"DW Chief of Police Miami Beach Police ,P -partment Miami Beach, Florida A ST: Robert Parcher APPROVED AS TO CITY CLERK FORM & LANGUAGE City of Miami Beach, F& FOR EXECUTION DATE: 2 CHARLES PRESS ( '" Chief of Police Key Biscayne Police Department Village of Key Biscayne, Florida ST: 2 alibA''' hita H. Alvarez CITY CLERK Village of Key Biscayne, FL ty Attorney Date RESOLUTION NO. 2005-25779 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AUTHORIZING THE MAYOR, OR HIS DESIGNEE, AND THE CITY CLERK TO EXECUTE A MUTUAL AID AGREEMENT WITH THE VILLAGE OF KEY BISCAYNE, FLORIDA, FOR THE PURPOSE OF COORDINATING LAW ENFORCEMENT PLANNING, OPERATIONS, AND MUTUAL AID BENEFIT BETWEEN THE CITY OF MIAMI BEACH AND THE VILLAGE OF KEY BISCAYNE. WHEREAS, it is the responsibility of the respective governments of the City of Miami Beach and the Village of Key Biscayne, Florida to ensure the public safety of their citizens by providing adequate levels of police service to address any foreseeable routine or emergency situation; and WHEREAS, because of the existing and continuing possibility of the occurrence of law enforcement problems and other natural and man-made conditions which are, or are likely to be, beyond the control of services, personnel, equipment, or facilities of the City of Miami Beach Police Department or the Village of Key Biscayne Police Department; and WHEREAS, in order to ensure the preparation of these law enforcement agencies will be adequate to address any and all of these conditions, to protect the public peace and safety, and to preserve the lives and property of the people of the City of Miami Beach and the Village of Key Biscayne; and WHEREAS, the City of Miami Beach and the Village of Key Biscayne have the authority under Chapter 23, Florida Statutes, "Florida Mutual Aid Act," to enter into the attached Mutual Aid Agreement. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor, or his designee, and City Clerk are authorized to execute the attached Mutual Aid Agreement with Village of Key Biscayne, Florida, for the purpose of coordinating law enforcement planning, operations, and mutual aid benefits between the C. of Miami Beach and the Village of Key Biscayne. PASSED and ADOPTED this 12th day of ATTEST: t,(11.,J U" CITY CLERK MAYOR APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION: 1~5-05 F 1POLI\TECHSERV\POLICIES\COM_MEMO\Mutual Aid Key Biscayne PD-2005-RESO doc CITY OF MIAMI BEACH COMMISSION ITEM SUMMARY CZ Condensed Title: A Resolution authorizing a Mutual Aid Agreement between the City of Miami Beach and the Village of Key Biscayne that will allow for the sharing of law enforcement resources and the rendering of assistance both during routine and intensive law enforcement situations. Issue: Shall the City of Miami Beach execute a Mutual Aid Agreement with the Village of Key Biscayne that will allow for the sharing of law enforcement resources and the rendering of assistance both during routine and intensive law enforcement situations? Item Summary/Recommendation: The Administration recommends the adoption of this resolution that will allow for the sharing of law enforcement resources and the rendering of assistance both during routine and intensive law enforcement situations. The City of Miami Beach and the Village of Key Biscayne, because of the existing and continuing possibility of the occurrence of law enforcement problems and other natural and manmade conditions which are or are likely to be beyond the control, personnel, equipment or facilities of the Miami Beach Police Department or the Village of Key Biscayne Police Department believe that it is beneficial for each to participate in a Mutual Aid Agreement as authorized by Chapter 23, Florida Statutes. Advisory Board Recommendation: N/A Financial Information: Amount to be expended: Source of Funds: Finance Dept. Amount Account Approved 1 2 3 4 Total Sian -Offs: Departme Director Assistant City Manager City Manager 9 5,------- F:\POLI\TECHSERV\POLICIES\COM_MEMO\Mutual Aid Key Biscayne PD-2005-SUMMARY.doc LI AGENDA ITEM C 7J DATE /-42-0,c---- CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 www.miamibeachfl.gov COMMISSION MEMORANDUM To: From: Subject: Mayor David Dermer and Date: January 12, 2005 Members of the City Commission Jorge M. Gonzalez City Manager A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AUTHORIZING THE MAYOR, OR HIS DESIGNEE, AND THE CITY CLERK TO EXECUTE A MUTUAL AID AGREEMENT WITH THE VILLAGE OF KEY BISCAYNE, FLORIDA, FOR THE PURPOSE OF COORDINATING LAW ENFORCEMENT PLANNING, OPERATIONS, AND MUTUAL AID BENEFIT BETWEEN THE CITY OF MIAMI BEACH AND THE VILLAGE OF KEY BISCAYNE. ADMINISTRATION RECOMMENDATION Adopt the Resolution. ANALYSIS The City of Miami Beach and the Village of Key Biscayne, because of the existing and continuing possibility of the occurrence of law enforcement problems and other natural and manmade conditions which are or are likely to be beyond the control, personnel, equipment or facilities of the Miami Beach Police Department or the Village of Key Biscayne Police Department believe that it is beneficial for each to participate in a Mutual Aid Agreement as authorized by Chapter 23, Florida Statutes. The Mutual Aid Agreement will allow for the sharing of law enforcement resources and the rendering of assistance both during routine and intensive law enforcement situations. This Agreement will take effect when it is signed and will expire on January 1, 2010. CONCLUSION It is recommended that the Mayor and City Commission adopt this Resolution and authorize the signing of the Mutual Aid Agreement that will allow for the sharing of law enforce ent resources.. -41-- JMG/ /R S/CN/HDC F\POLI\TECHSERV\POLICIES\COM_MEMO\Mutual Aid Key Biscayne PD-2005-MEMO.doc MUTUAL AID AGREEMENT Between the Miami Beach Police Department and the Village of Key Biscayne Police Department WHEREAS, it is the responsibility of the governments of the City of Miami Beach, Florida, and the Village of Key Biscayne, Florida, to ensure the public safety of their citizens by providing adequate levels of police services to address any foreseeable routine or emergency situation; and • WHEREAS, because of the existing and continuing possibility of the occurrence of law enforcement problems and other natural and manmade conditions which are, or are likely to be, beyond the control of the services, personnel, equipment or facilities of the participating municipal police departments; and WHEREAS, in order to ensure the preparation of these law enforcement agencies will be adequate to address any and all of these conditions, to protect the public peace and safety, and to preserve the lives and property of the people of the participating Dade County municipalities; and WHEREAS, the participating Dade County municipalities have the authority under Chapter 23, Florida Statutes, Florida Mutual Aid Act, to enter into a Mutual Aid Agreement. NOW, THEREFORE, BE IT KNOWN, that the City of Miami Beach and the Village of Key Biscayne, subdivisions of the State of Florida, in consideration of mutual promises to render valuable aid in times of necessity, do hereby agree to fully and faithfully abide by and be bound by the following terms and conditions: 1. Short title: Mutual Aid Agreement 2. Description: Since the Mutual Aid Agreement provides for the requesting and rendering of assistance for both routine and intensive law enforcement situations, this Mutual Aid Agreement combines the elements of both a voluntary cooperation agreement and a requested operational assistance agreement as described in Chapter 23 Florida Statutes. 3. Definitions: A. Joint declaration: A document which enumerates the various conditions or situations where aid may be requested or rendered pursuant to this Agreement, as determined by concerned agency heads. Subsequent to execution by the concerned agency heads, the Joint Declaration shall be filed with the clerks of the respective 1 political subdivisions and shall thereafter become part of this Agreement. Said declaration may be amended or supplemented at any time by the agency heads by filing subsequent declarations with the clerks of the respective political subdivisions. B. Agency or participating law enforcement agency: Either the City of Miami Beach Police Department or the Village of Key Biscayne Police Department. C. Agency Head: Either the Chief of the City of Miami Beach Police Department, or the Chief's designees, and the Chief of Police of the Village of Key Biscayne Police Department, or the Chief's designees. D Participating municipal police department: The police department of any municipality in Dade County, Florida, that has approved and executed this Agreement upon the approval of the governing body of the municipality. E. Certified law enforcement employees: Any law enforcement employee certified as provided in Chapter 943, Florida Statutes. 4 Operations: A. In the event that a party to this Agreement is in need of assistance, as specified in the applicable Joint Declaration, an authorized representative of the police department requiring assistance shall notify the agency from which such assistance is requested. The authorized agency representative whose assistance is sought shall evaluate the situation and his available resources, and will respond in a manner deemed appropriate. B. Each party to this Agreement agrees to furnish necessary man power, equipment, facilities, and other resources and to render services to the other party as required to assist the requesting party in addressing the situation which caused the request; provided, however, that no party shall be required to deplete, unreasonably, its own manpower, equipment, facilities, and other resources and services in rendering such assistance. C. The agency heads of the participating law enforcement agencies, or their designees, shall establish procedures for giving control of the mission definition to the requesting agency, and for giving tactical control over accomplishing any such assigned mission and supervisory control over all personnel or equipment provided pursuant to this Agreement to the providing agency. 2 5. Powers, Privileges, Immunities, and Costs: A. All employees of the participating municipal police department, certified law enforcement employees as defined in Chapter 943, Florida Statutes, during such time that said employees are actually providing aid outside of the jurisdictional limits of the employing municipality pursuant to a request for aid made in accordance with this Agreement, shall pursuant to the provisions of Chapter 23, Florida Statutes, have the same powers, duties, rights, privileges, and immunities as if they were performing their duties in the political subdivision in which they are regularly employed. B. The political subdivision having financial responsibility for the law enforcement agency providing the services, personnel, equipment, or facilities pursuant to the provisions of this Agreement shall bear any loss or damage to same and shall pay any and all expenses incurred in the maintenance and operation of same. C. The political subdivision having financial responsibility for the law enforcement agency providing aid pursuant to this Agreement shall compensate all of its employees rendering aid pursuant to this Agreement, during the time of rendering of such aid, and shall defray the actual travel and maintenance expenses of such employees while they are rendering such aid. Such compensation shall include any amounts paid or due for compensation due to personal injury or death while such employees are engaged in rendering such aid. Such compensation shall also include all benefits normally due such employees. D. All exemptions from ordinances and rules, and all pension, insurance, relief, disability, workers compensation, salary, death, and other benefits which apply to the activity of such officers, agents, or employees of any such agency, when performing their respective functions within the territorial limits of their respective agencies, shall apply to them to the same degree, manner, and extent while engaged in the performance of their functions and duties extraterritorial under the provisions of this Mutual Aid Agreement. The provision of this Agreement shall apply with equal effect to paid and auxiliary employees. 6. Indemnification: The political subdivision having financial responsibility for the law enforcement agency providing aid pursuant to this Agreement agrees to hold harmless, defend, and indemnify the requesting law enforcement agency and its political subdivision in any suit, action or claim for damages resulting from any and all acts or conduct of employees of 3 said providing agency while providing aid pursuant to this Agreement, subject to Chapter 768, Florida Statutes, where applicable. 7 Forfeitures: It is recognized that during the course of the operation of the Agreement, property subject to forfeiture under the Florida Contraband Forfeiture Act, Florida Statutes, may be seized. The property shall be seized, forfeited, and equitably distributed among the participating agencies in proportion to the amount of investigation and participation performed by each agency. This shall occur pursuant to the provisions of the Florida Contraband Forfeiture Act. 8. Conflicts: Any conflict between this Agreement and the Florida Mutual Aid Act will be controlled by the provisions of the latter, whenever conditions exist that are within the definitions stated in Chapter 23, Florida Statutes. 9. Effective Date and Duration: This Agreement shall be in effect from date of signing, through and including January 1, 2010, and under no circumstances may this Agreement be renewed, amended or extended except in writing. 10. Cancellation: This Agreement may be canceled by either party upon sixty (60) days written notice to the other party. Cancellation will be at the discretion of the chief executive officers of the parties hereto. AGREED AND ACKNOWLEDGED this df , 2005. RGE M. GONZALEZ City Manager City of Miami Beach, FL ATTEST: Pakdku- Robe Parcher CITY CLERK City of Miami Beach, FL APPROVED AS TO FORM AND LANGUAGE AND FOR EXECUTION: #1454411 City Aor'ney City of Miami Beach, FL Village Attorney Village of Key Biscayne, FL QU 1' NE MENEND Village anager Village of Key Biscayne, FL y$ Alvarez RK of Key Biscayne, FL fd/ee'AP 4 JOINT DECLARATION OF THE CHIEF OF THE VILLAGE OF KEY BISCAYNE POLICE DEPARTMENT AND THE CHIEF OF THE CITY OF MIAMI BEACH POLICE DEPARTMENT PURSUANT TO MUTUAL AID AGREEMENT A police officer of either of the participating law enforcement agencies shall be considered to be operating under the provisions of the Mutual Aid Agreement when: • participating in law enforcement activities that are preplanned and approved by each respective agency head, or • appropriately dispatched in response to a request for assistance from the other law enforcement agency. In compliance with, and under the authority of, the Mutual Aid Agreement, hereto entered into by the Village of Key Biscayne, Florida, and the City of Miami Beach, Florida, it is hereby declared that the following list comprises the circumstances and conditions under which mutual aid may be requested and rendered regarding police operations pursuant to the Agreement. Said list may be amended or supplemented from time to time, as needs dictate by subsequent declarations. 1. Joint multi jurisdictional criminal investigations. 2. Civil affray or disobedience, disturbances, riots, large protest demonstrations, controversial trials, political conventions, labor disputes, and strikes. 3. Any natural disaster. 4. Incidents which require rescue operations and crowd and traffic control measures, including, but not limited to, large-scale evacuations, aircraft and shipping disasters, fires, explosions, gas line leaks, radiological incidents, train wrecks and derailments, chemical or hazardous waste spills, and electrical power failures. 5. Terrorist activities including, but not limited to, acts of sabotage. 6. Escapes from or disturbances within detention facilities. 7 Hostage and barricaded subject situations, and aircraft piracy. 8. Control of major crime scenes, area searches, perimeter control, backups to emergency and in -progress calls, pursuits, and missing persons calls. 5 DATE: I ties - DON = D W. DLU ' CA Chief of Police Miami Beach Polic epartment Miami Beach, Flori•a PROVED AS TO Robert Parcher FORM & LANGUAGE CITY CLERK &FOR EXECUTION City of Miami Beach, ) ).a''o$ Date 6 9. Enemy attack. 10. Transportation of evidence requiring security. 11. Major events; e.g., sporting events, concerts, parades, fairs, festivals, and conventions. 12. Security and escort duties for dignitaries. 13. Emergency situations in which one agency cannot perform its functional objective. 14. Incidents requiring utilization of specialized units; e.g., underwater recovery, canine, motorcycle, crime scene, marine patrol enforcement or investigation, and police information. 15. Joint training in areas of mutual need to include, but not limited to, firearms training and qualification; field force; SWAT; ATV; motorcycles; and marine patrol. 16. Participating in exigent situations without a formal request which are spontaneous occurrences such as area searches for wanted subjects, perimeters, crimes in progress, escaped prisoners; traffic stops near municipal boundaries, request for assistance and no local unit is available or nearby, calls or transmissions indicating an officer is injured, calls indicating a crime of incident has occurred in which a citizen may likely be injured and the assisting municipality is closer to the area than the officer receiving the call. 17. Mutual enforcement of all existing applicable laws and ordinances and exercise of arrest powers within the area comprising the jurisdictional waters within respective municipal boundaries. DATE: 21/6/0_5 CHARLE PRESS Chief of Police iscayne Police Department Key Biscayne, Flo ida y Biscayne, FL RESOLUTION NO. 2005-25779 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AUTHORIZING THE MAYOR, OR HIS DESIGNEE, AND THE CITY CLERK TO EXECUTE A MUTUAL AID AGREEMENT WITH THE VILLAGE OF KEY BISCAYNE, FLORIDA, FOR THE PURPOSE OF COORDINATING LAW ENFORCEMENT PLANNING, OPERATIONS, AND MUTUAL AID BENEFIT BETWEEN THE CITY OF MIAMI BEACH AND THE VILLAGE OF KEY BISCAYNE. WHEREAS, it is the responsibility of the respective governments of the City of Miami Beach and the Village of Key Biscayne, Florida to ensure the public safety of their citizens by providing adequate levels of police service to address any foreseeable routine or emergency situation; and WHEREAS, because of the existing and continuing possibility of the occurrence of law enforcement problems and other natural and man-made conditions which are, or are likely to be, beyond the control of services, personnel, equipment, or facilities of the City of Miami Beach Police Department or the Village of Key Biscayne Police Department; and WHEREAS, in order to ensure the preparation of these law enforcement agencies will be adequate to address any and all of these conditions, to protect the public peace and safety, and to preserve the lives and property of the people of the City of Miami Beach and the Village of Key Biscayne; and WHEREAS, the City of Miami Beach and the Village of Key Biscayne have the authority under Chapter 23, Florida Statutes, "Florida Mutual Aid Act," to enter into the attached Mutual Aid Agreement. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor, or his designee, and City Clerk are authorized to execute the attached Mutual Aid Agreement with Village of Key Biscayne, Florida, for the purpose of coordinating law enforcement planning, operations, and mutual aid benefits between the C. of Miami Beach and the Village of Key Biscayne. PASSED and ADOPTED this 12th day of ATTEST: ju f 1 wX N CLERK MAYOR APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION: is" S -- O S Date F.\POLI\TECHSERV\POLICIES\COM_MEMO\Mutual Aid Key Biscayne PD-2005-RESO doc CITY OF MIAMI BEACH COMMISSION ITEM SUMMARY m Condensed Title: A Resolution authorizing a Mutual Aid Agreement between the City of Miami Beach and the Village of Key Biscayne that will allow for the sharing of law enforcement resources and the rendering of assistance both during routine and intensive law enforcement situations. Issue: Shall the City of Miami Beach execute a Mutual Aid Agreement with the Village of Key Biscayne that will allow for the sharing of law enforcement resources and the rendering of assistance both during routine and intensive law enforcement situations? Item Summary/Recommendation: The Administration recommends the adoption of this resolution that will allow for the sharing of law enforcement resources and the rendering of assistance both during routine and intensive law enforcement situations. The City of Miami Beach and the Village of Key Biscayne, because of the existing and continuing possibility of the occurrence of law enforcement problems and other natural and manmade conditions which are or are likely to be beyond the control, personnel, equipment or facilities of the Miami Beach Police Department or the Village of Key Biscayne Police Department believe that it is beneficial for each to participate in a Mutual Aid Agreement as authorized by Chapter 23, Florida Statutes. Advisory Board Recommendation: N/A Financial Information: Amount to be expended: Source of Funds: Finance Dept. Amount Account Approved 1 2 3 4 Total Sian -Offs: Departme Director Assistant City Manager City Manager I 9"--- $„------ F:\POLI\TECHSERV\POLICIES\COM_MEMO\Mutual Aid Key Biscayne PD-2005-SUMMARY.doc U AGENDA ITEM C 7j DATE /-/....2 -63 CITY OF MIAMI BEACH efS)L. CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 www.miamibeachfl.gov COMMISSION MEMORANDUM To: From: Subject: Mayor David Dermer and Date: January 12, 2005 Members of the City Commission d Jorge M. Gonzalez City Manager ' A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AUTHORIZING THE MAYOR, OR HIS DESIGNEE, AND THE CITY CLERK TO EXECUTE A MUTUAL AID AGREEMENT WITH THE VILLAGE OF KEY BISCAYNE, FLORIDA, FOR THE PURPOSE OF COORDINATING LAW ENFORCEMENT PLANNING, OPERATIONS, AND MUTUAL AID BENEFIT BETWEEN THE CITY OF MIAMI BEACH AND THE VILLAGE OF KEY BISCAYNE. ADMINISTRATION RECOMMENDATION Adopt the Resolution. ANALYSIS The City of Miami Beach and the Village of Key Biscayne, because of the existing and continuing possibility of the occurrence of law enforcement problems and other natural and manmade conditions which are or are likely to be beyond the control, personnel, equipment or facilities of the Miami Beach Police Department or the Village of Key Biscayne Police Department believe that it is beneficial for each to participate in a Mutual Aid Agreement as authorized by Chapter 23, Florida Statutes. The Mutual Aid Agreement will allow for the sharing of law enforcement resources and the rendering of assistance both during routine and intensive law enforcement situations. This Agreement will take effect when it is signed and will expire on January 1, 2010. CONCLUSION It is recommended that the Mayor and City Commission adopt this Resolution and authorize the signing of the Mutual Aid Agreement that will allow for the sharing of law enforcement resofyrces. s JMG/ /R fS/CN/HDC F.\POLI\TECHSERV\POLICIES\COM_MEMO\Mutual Aid Key Biscayne PD-2005-MEMO.doc MUTUAL AID AGREEMENT Between the Miami Beach Police Department and the Village of Key Biscayne Police Department WHEREAS, it is the responsibility of the governments of the City of Miami Beach, Florida, and the Village of Key Biscayne, Florida, to ensure the public safety of their citizens by providing adequate levels of police services to address any foreseeable routine or emergency situation; and WHEREAS, because of the existing and continuing possibility of the occurrence of law enforcement problems and other natural and manmade conditions which are, or are likely to be, beyond the control of the services, personnel, equipment or facilities of the participating municipal police departments; and WHEREAS, in order to ensure the preparation of these law enforcement agencies will be adequate to address any and all of these conditions, to protect the public peace and safety, and to preserve the lives and property of the people of the participating Dade County municipalities; and WHEREAS, the participating Dade County municipalities have the authority under Chapter 23, Florida Statutes, Florida Mutual Aid Act, to enter into a Mutual Aid Agreement. NOW, THEREFORE, BE IT KNOWN, that the City of Miami Beach and the Village of Key Biscayne, subdivisions of the State of Florida, in consideration of mutual promises to render valuable aid in times of necessity, do hereby agree to fully and faithfully abide by and be bound by the following terms and conditions: 1. Short title: Mutual Aid Agreement 2. Description: Since the Mutual Aid Agreement provides for the requesting and rendering of assistance for both routine and intensive law enforcement situations, this Mutual Aid Agreement combines the elements of both a voluntary cooperation agreement and a requested operational assistance agreement as described in Chapter 23 Florida Statutes. 3. Definitions: A. Joint declaration: A document which enumerates the various conditions or situations where aid may be requested or rendered pursuant to this Agreement, as determined by concerned agency heads. Subsequent to execution by the concerned agency heads, the Joint Declaration shall be filed with the clerks of the respective 1 political subdivisions and shall thereafter become part of this Agreement. Said declaration may be amended or supplemented at any time by the agency heads by filing subsequent declarations with the clerks of the respective political subdivisions. B. Agency or participating law enforcement agency: Either the City of Miami Beach Police Department or the Village of Key Biscayne Police Department. C. Agency Head: Either the Chief of the City of Miami Beach Police Department, or the Chief's designees, and the Chief of Police of the Village of Key Biscayne Police Department, or the Chief's designees. D. Participating municipal police department: The police department of any municipality in Dade County, Florida, that has approved and executed this Agreement upon the approval of the governing body of the municipality. E. Certified law enforcement employees: Any law enforcement employee certified as provided in Chapter 943, Florida Statutes. 4. Operations: A. In the event that a party to this Agreement is in need of assistance, as specified in the applicable Joint Declaration, an authorized representative of the police department requiring assistance shall notify the agency from which such assistance is requested. The authorized agency representative whose assistance is sought shall evaluate the situation and his available resources, and will respond in a manner deemed appropriate. B. Each party to this Agreement agrees to furnish necessary man power, equipment, facilities, and other resources and to render services to the other party as required to assist the requesting party in addressing the situation which caused the request; provided, however, that no party shall be required to deplete, unreasonably, its own manpower, equipment, facilities, and other resources and services in rendering such assistance. C. The agency heads of the participating law enforcement agencies, or their designees, shall establish procedures for giving control of the mission definition to the requesting agency, and for giving tactical control over accomplishing any such assigned mission and supervisory control over all personnel or equipment provided pursuant to this Agreement to the providing agency. 2 5. Powers, Privileges, Immunities, and Costs: A. All employees of the participating municipal police department, certified law enforcement employees as defined in Chapter 943, Florida Statutes, during such time that said employees are actually providing aid outside of the jurisdictional limits of the employing municipality pursuant to a request for aid made in accordance with this Agreement, shall pursuant to the provisions of Chapter 23, Florida Statutes, have the same powers, duties, rights, privileges, and immunities as if they were performing their duties in the political subdivision in which they are regularly employed. B. The political subdivision having financial responsibility for the law enforcement agency providing the services, personnel, equipment, or facilities pursuant to the provisions of this Agreement shall bear any loss or damage to same and shall pay any and all expenses incurred in the maintenance and operation of same. C. The political subdivision having financial responsibility for the law enforcement agency providing aid pursuant to this Agreement shall compensate all of its employees rendering aid pursuant to this Agreement, during the time of rendering of such aid, and shall defray the actual travel and maintenance expenses of such employees while they are rendering such aid. Such compensation shall include any amounts paid or due for compensation due to personal injury or death while such employees are engaged in rendering such aid. Such compensation shall also include all benefits normally due such employees. D All exemptions from ordinances and rules, and all pension, insurance, relief, disability, workers compensation, salary, death, and other benefits which apply to the activity of such officers, agents, or employees of any such agency, when performing their respective functions within the territorial limits of their respective agencies, shall apply to them to the same degree, manner, and extent while engaged in the performance of their functions and duties extraterritorial under the provisions of this Mutual Aid Agreement. The provision of this Agreement shall apply with equal effect to paid and auxiliary employees. 6. Indemnification: The political subdivision having financial responsibility for the law enforcement agency providing aid pursuant to this Agreement agrees to hold harmless, defend, and indemnify the requesting law enforcement agency and its political subdivision in any suit, action or claim for damages resulting from any and all acts or conduct of employees of 3 said providing agency while providing aid pursuant to this Agreement, subject to Chapter 768, Florida Statutes, where applicable. 7 Forfeitures: It is recognized that during the course of the operation of the Agreement, property subject to forfeiture under the Florida Contraband Forfeiture Act, Florida Statutes, may be seized. The property shall be seized, forfeited, and equitably distributed among the participating agencies in proportion to the amount of investigation and participation performed by each agency. This shall occur pursuant to the provisions of the Florida Contraband Forfeiture Act. 8. Conflicts: Any conflict between this Agreement and the Florida Mutual Aid Act will be controlled by the provisions of the latter, whenever conditions exist that are within the definitions stated in Chapter 23, Florida Statutes. 9. Effective Date and Duration: This Agreement shall be in effect from date of signing, through and including January 1, 2010, and under no circumstances may this Agreement be renewed, amended or extended except in writing. 10. Cancellation: This Agreement may be canceled by either party upon sixty (60) days written notice to the other party. Cancellation will be at the discretion of the chief executive officers of the parties hereto. AGREED AND ACKNOWLEDGED this d -,•f RGE'IVI. GONZALEZ City Manager City of Miami Beach, FL Robert Parcher CITY CLERK City of Miami Beach, FL APPROVED AS TO FORM AND LANGUAGE AND FOR EXECUTION: 14(4!_,• City Attorney City of Miami Beach, FL 2005. LINE MENE Village Manager Village of Key Biscayne, FL Alvarez RK Key Biscayne, FL Village Attorney Village of Key Biscayne, FL 4 JOINT DECLARATION OF THE CHIEF OF THE VILLAGE OF KEY BISCAYNE POLICE DEPARTMENT AND THE CHIEF OF THE CITY OF MIAMI BEACH POLICE DEPARTMENT PURSUANT TO MUTUAL AID AGREEMENT A police officer of either of the participating law enforcement agencies shall be considered to be operating under the provisions of the Mutual Aid Agreement when: • participating in law enforcement activities that are preplanned and approved by each respective agency head, or • appropriately dispatched in response to a request for assistance from the other law enforcement agency. In compliance with, and under the authority of, the Mutual Aid Agreement, hereto entered into by the Village of Key Biscayne, Florida, and the City of Miami Beach, Florida, it is hereby declared that the following list comprises the circumstances and conditions under which mutual aid may be requested and rendered regarding police operations pursuant to the Agreement. Said list may be amended or supplemented from time to time, as needs dictate by subsequent declarations. 1. Joint multi jurisdictional criminal investigations. 2. Civil affray or disobedience, disturbances, riots, large protest demonstrations, controversial trials, political conventions, labor disputes, and strikes. 3. Any natural disaster. 4. Incidents which require rescue operations and crowd and traffic control measures, including, but not limited to, large-scale evacuations, aircraft and shipping disasters, fires, explosions, gas line leaks, radiological incidents, train wrecks and derailments, chemical or hazardous waste spills, and electrical power failures. 5. Terrorist activities including, but not limited to, acts of sabotage. 6. Escapes from or disturbances within detention facilities. 7 Hostage and barricaded subject situations, and aircraft piracy. 8. Control of major crime scenes, area searches, perimeter control, backups to emergency and in -progress calls, pursuits, and missing persons calls. 5 9. Enemy attack. 10. Transportation of evidence requiring security. 11. Major events; e.g., sporting events, concerts, parades, fairs, festivals, and conventions. 12. Security and escort duties for dignitaries. 13. Emergency situations in which one agency cannot perform its functional objective. 14. Incidents requiring utilization of specialized units; e.g., underwater recovery, canine, motorcycle, crime scene, marine patrol enforcement or investigation, and police information. 15. Joint training in areas of mutual need to include, but not limited to, firearms training and qualification; field force; SWAT; ATV; motorcycles; and marine patrol. 16. Participating in exigent situations without a formal request which are spontaneous occurrences such as area searches for wanted subjects, perimeters, crimes in progress, escaped prisoners; traffic stops near municipal boundaries, request for assistance and no local unit is available or nearby, calls or transmissions indicating an officer is injured, calls indicating a crime of incident has occurred in which a citizen may likely be injured and the assisting municipality is closer to the area than the officer receiving the call. 17. Mutual enforcement of all existing applicable laws and ordinances and exercise of arrest powers within the area comprising the jurisdictional waters within respective municipal boundaries. DATE: i/ 3 l` DATE: 2 DO D W. De U' Chief of Police Miami Beach Poli Department Miami Beach, Florida ATTEST: ittA, c17. Ok)L—C61' Robert Parcher APPROVED AS tO CITY CLERK FORM & LANGUAGE City of Miami Beach, Ilk FOR EXECUTION /"20g0,5 C y tto'rney Date CHARLES PRES f Police yne Police Department ey Biscayne, Florida Alvarez ERK Village of Key Biscayne, FL Afteraction January 12, 2005 City of Miami Beach C7J A Resolution Authorizing The Mayor, Or His Designee, And The City Clerk To Execute A Mutual Aid Agreement With The Village Of Key Biscayne, Florida, For The Purpose Of Coordinating Law Enforcement Planning, Operations, And Mutual Aid Benefit Between The City Of Miami Beach And The Village Of Key Biscayne. (Police Department) ACTION: Resolution No. 2005-25779 adopted. Chief De Lucca to handle. ple,,, E., kcA.A.k, cLI:r6;_CLd---) dock.4en .... 4---s IA eArl Xc-ki S. 3 iL,-, ‘+`1,-- e.." Prepared by the City Clerk's Office Page No. 11 F:\CLER\COMMON\2005\20050112\20050112d6.doc